Yogendra Pratap Singh & 4 Others vs State Of U.P. & Another
2017 Latest Caselaw 3263 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 48
 

 
Case :- APPLICATION U/S 482 No. - 22594 of 2017
 

 
Applicant :- Yogendra Pratap Singh & 4 Others
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Murtuza Ali,Imtiyaj Ali,O.P. Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicants, learned  A.G.A. for the State and perused the record.

Learned counsel for the applicants submits that there is civil dispute in between the parties. The applicant no. 1 has filed a civil suit no. 489 of 1994 against the father of the opp. party no. 2. In that case order of status quo was passed by the court concerned vide order dated 14.11.1994. The civil suit is still pending. Only to make pressure upon the applicants, this false and frivolous complaint has been filed against the applicants. In fact, the applicants have not committed the alleged offence. No offence is made out against the applicants. The summoning order dated 7.6.2017 is not in accordance with law. The present prosecution has been instituted only for the purpose of harassment.

Learned  A.G.A. has accepted notice on behalf of State.

Issue notice to the opp. party no. 2 who may file counter affidavit within a period of three weeks. Rejoinder affidavit   may be filed within a week thereafter.

List thereafter.

Till the next date of listing, no coercive action shall be taken against the applicants in complaint case no. 361 of 2016, Rajendra Kumar Mishra Vs. indu Prakash Singh and others, under Sections 352, 427 I.P.C.  Police Station Saray Inayat, District Allahabad.

Order Date :- 16.8.2017

Gss